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Monday, May 6, 2013

MOTION FOR A NEW TRIAL

Cause No(s). _____________________________

The State of Texas§IN THE _________________________
COURT

§

VS.§
________________________________________§

____________________________§ __________________
COUNTY, TEXAS

MOTION FOR A NEW TRIAL

I, _________________________________, a livingman without benefit of counsel, hereinafter
known as the Accused, moves this court to give the Accused a new trial on one
or more of the following issues:

1.The
court did not have jurisdiction to hear the above Causes because the prosecutor
failed to file a copy of the information. Under Article 5, Section 12(b) states
that the court does not have jurisdiction until the information is filed in the
court.

2.All
elements of the assumed offense(s) were not addressed on the complaint(s).

3.The
Prosecution did not prove the Accused was a ‘person’, ‘individual’ as defined
in the Texas Code used to associate the assumed offense(s).

4.The
prosecution did not file certified documentation showing the delegated
authority to represent the plaintiff under Rule 12 of the Texas Rules of Court.

5.The
Accused was not given the Nature and Cause of the accusation(s).

6.The
witness(s) against the Accused was not a credible witness.

7.The
Accused was denied full disclosure of discovery.

8.The
Accused procedural rights were violated.

9.The
Accused substantive rights were violated.

10.The
Accused objected to the deficiency of the complaint(s) which were overruled.

11.The
Accused objected to the deficiency of the information(s) which were overruled.

12.The
Accused Motion in Limine was denied or parts withheld.

13.No
credible evidence was introduced in open court against the Accused.

14.Because
of the above referenced, the Accused request a new trial.

Respectfully,

_________________________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the
forgoing has been delivered to the following party or counsel of record via
certified mail, return receipt requested, hand delivery or fax on this
______day of ________________________,
201__.

______________________________________

______________________________________

______________________________________

_________________________________

Cause No(s). _____________________________

The State of Texas§IN THE _________________________
COURT

§

VS.§
________________________________________§

____________________________§ __________________ COUNTY, TEXAS

ORDER
FOR NEW TRIAL

On
this the day of ,
201__, came on to be heard the Accused Motion for a New Trial in the above
entitled and numbered causes, and the court, having heard the said motion, and
the evidence thereon submitted, is of the opinion that said Motion should be

You should take this document
with you the day of your trial. This document is required to be filed at least
1 day after you are found guilty in a JP
Court or 10 days if in a municipal court. This
will save you from coming back to court the following day. It is important that
you add any violation that you know that occurred and remove any that did not
occur. (This is why you may have to come back the next day) Your appeal will be
based on the items you use in this pleading.

Do
not have a page number on the ORDER – you may need to cut and paste to a new
document.

Original
is filed with the court clerk, copy served on the prosecutor, a copy for you.

Line 1: Where you put the
cause numbers of the case.

Line 2: Put either ‘Municipal’,
‘Justice of the Peace’ or County.

Line 3: Puteither ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)

Line 4: Put your name in
Upper and Lower Caps.

Line 5: Put whatever county
the court is in – like – “Galveston”.

Line
6: Put your name in Upper and Lower Caps.

There
is a space left for you to put a “wo” in front of ‘man’ if need be.

Line
7: Sign your name, below the line, print your name in Upper and Lower Caps then
below that print your address.

Line 8: Put the numbered day of the Month that you serve a
copy of this document to the Court Clerk.

Line 9: Put the name of the Month that you serve a copy of
this document to the Court Clerk.

Line 10: Put the last number of the year that you serve a
copy of this document to the Court Clerk. – like - 2013 .

Line 11: Put “Court Clerk for (Whatever Court)

Line 12: Put the street address where the Court Clerk will
be served.

Line 13: Put the City, State and Zipcode where the Court
Clerk will be served.

Line
14: Sign your name, print your name in Upper and Lower Caps then below that
print your address.

NEW DOCUMENT - ORDER

Line 1: Where you put the
cause numbers of the case.

Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Puteither ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)

Line 4: Put your name in
Upper and Lower Caps.

Line 5: Put whatever county
the court is in – like – “Galveston”.

Leave
the rest for the Judge fill it out.

Original goes to the clerk of the court and one copy for
you to keep and have stamped by the clerk. Be
sure and NOT include the instruction sheets.